Church can intervene in FFRF's suit on pulpit politicking

February 4, 2014

A court decision allowing an obscure Milwaukee-area church to intervene in FFRF’s nationally significant lawsuit against the Internal Revenue Service over church politicking has placed the litigation “on the front line,” said FFRF’s litigation attorney, Richard L. Bolton.

“This will put everything in play, including the churches’ argument that the politicking restriction violates the First Amendment — using the Citizens United argument,” he added.

“The intervention by Father Malone and the Holy Cross Anglican Church, which openly admits in its brief that it doesn't obey the electioneering restrictions applying to tax-exempt organizations, puts all the cards on the table,” said FFRF Co-President Dan Barker.

The church argues it has a “legal right to participate in political campaigns without forfeiting their tax-exempt status,” and cites the Religious Freedom Restoration Act, as well as the free speech, free exercise and establishment clauses of the First Amendment.

Madison, Wis.-based FFRF advocates for state-church separation and has more than 20,000 non-religious members nationwide. It recently prevailed in its federal challenge to an IRS policy that benefits clergy. The government has appealed that ruling on the parish exeption to the 7th Circuit.

The Freedom From Religion Foundation, based in Madison, Wis., a 501(c)(3) nonprofit educational charity, is the nation's largest association of freethinkers (atheists, agnostics), and has been working since 1978 to keep religion and government separate.